Consent Counts FAQ

What is consent?

For our purposes, consent is the explicit indication, by written or oral statement, by one person that he/she is willing to have something done to him/her by one or more other persons, or to perform some sort of act at the request or order of one or more other persons. In terms of sexual consent, consent may be withdrawn at any point, regardless of what has been previously negotiated orally or in writing.

Is a scene contract legally enforceable?

A scene contract is not a legally binding contract, and will not be enforced or recognized by any court.

Can someone give consent in advance? What happens if they withdraw consent mid-scene?

Even if a scene has been pre-negotiated, or even committed to in writing, a submissive can withdraw consent at any time. That withdrawal must be honored and acted upon immediately. There really aren’t any exceptions.

How does use of drugs or alcohol change one's ability to consent?

Any altered state of mind affect’s one’s ability to consent. The consenter must be able to knowingly understand the impact of the consent given. Accordingly, the freedom of consent is directly a function of the ability to consent. Bluntly, consent obtained from someone who is too drunk or high to consent is no consent at all.

What happens if a submissive gets so into "sub space" that they lose the ability to communicate?

This can pose a potential legal problem, similar to a submissive’s overuse of drugs or alcohol. The consenter may later claim a desire – but inability – to withdraw consent. The sensible solution is for the dominant partner to pay attention, and to proceed with extreme caution with any planned scene activities, particularly when the submissive partner reaches a deep “sub space”.

Can someone who is mentally challenged consent?

While those who are mentally challenged certainly should have the right to sex, they may not be capable of a level of knowing consent that a court would recognize. As a consequence, it can only be said that consent given by someone that has a mental disease or defect cannot be accepted with confidence.

Why is NCSF focusing on decriminalization versus legalization?

In addition to the fact that legalization is more difficult to achieve politically and socially, legalization opens the door for increased government regulation, which is not to our advantage.

What is the legal difference in using “safe, sane and consensual” versus “RACK” (Risk Aware Consensual Kink)?

“Safe, sane and consensual” is a term developed by the leather community over a period of many years `and is the basis for the BDSM versus Abuse statement. RACK is a more recent term and poses a potential legal problem for those who use this term. If something goes wrong in a scene, use of RACK suggests that one knew that the behavior that they were engaging in was risky, but chose to do it anyway.

Is BDSM consent subject to the same minimum age of consent legal rules as are applied in rape cases?

Yes.

Does a long-term consent agreement, such as in a Master/slave relationship, constitute blanket consent for all BDSM activities?

No. Again, a scene contract is not a legal contract and a submissive can withdraw consent at any time, regardless of the M/s contract.

NCSF’s 2014 Roundup 2014 has been a year of progress for NCSF and for people who are kinky and nonmonogamous. The national conversation about gay marriage, consent, and even Fifty Shades of Grey are transforming mainstream attitudes. The change in the American Psychiatric Association’s DSM-5 stating that BDSM is a healthy form of sexual expression has also had a significant impact on both the courts and public opinion about kink. Education Outreach Project The NCSF Board Members and presenters gave Education Outreach Project workshops and tabled at 36 events in 2014 (compared to 22 in 2013), with a…

Does your media agency have resources for these special interest pieces? Contact the National Coalition for Sexual Freedom for interviews and information on kink and open relationships. NCSF is the national advocate for consensual adult sexual expression. Why kink? There has been a significant interest in BDSM sparked by the wildly successful Fifty Shades of Grey. Similar topics appeared in recent TV Shows from CSI to House to Desperate Housewives, and even animated shows such as American Dad. Furthermore many people, married and otherwise, are discovering and practicing non-monogamy. From polyamory to swinging to open relationships, a notable percentage of the public are shifting their relationship parameters in an honest…

NCSF Media Kit The National Coalition for Sexual Freedom provides educational resources on BDSM and non-monogamy. Resources include data from NCSF's Incident Reporting & Response program which directly helps hundreds of people and groups every year who are being discriminated against because of their sexual expression. NCSF also provides original research on kinksters and the issues caused by the stigma we face, as well as statements on consent and best practices in BDSM. We also offer experts who are knowledgeable about alternative sexual practices as well as experience in community organizing. Contact Susan Wright, NCSF This email address is being protected from spambots. You need JavaScript enabled to view it./NCSFreedomwww.twitter.com/ncsf Susan Wright founded the…

Are You Ready for Fifty Shades? To coincide with the launch of the movie, get your Fifty Shades of Kink palm cards from NCSF to put out at your club or in local sex shops and bookstores so that people who are looking to find out more about kink know where to go. Contact This email address is being protected from spambots. You need JavaScript enabled to view it. to request your cards. NCSF’s Fifty Shades of Kink resource page is for people who are kinky and/or non-monogamous, whether they’re just starting out or an old hand at this: ncsfreedom.org/50ShadesofKink Check out our Media Kit Dated: 12/12/2014 Updated:

NCSF’s Kink Aware Professionals joins forces with GayLawNet NCSF has expanded the reach of its Kink Aware Professionals by collaborating with GayLawNet, which now offers a way for lawyers in their database to self-identify as Kink Aware Professionals: gaylawnet.com/attorneys/ussolc.html “Whenever someone can’t find a lawyer in NCSF’s KAP list, I always refer them to GayLawNet,” says Susan Wright, spokesperson for NCSF. “Many of their gay-friendly lawyers are eager to work with kinky people, and the GayLawNet database is huge.” NCSF recently started an outreach campaign to the lawyers who have listed themselves on GayLawNet to let them…

NCSF Receives Grant Award NCSF is proud to announce the receipt of a $1,500 grant awarded by Tides Foundation. About Tides #TidesProject “Since 1976, Tides Foundation has worked with over 15,000 individuals and organizations in the mutual endeavor to make the world a better place. These include foundations, donors, corporations, social investors, nonprofit organizations, government institutions, community organizations, activists, social entrepreneurs, and more. We break down the walls between entrepreneurs and their efforts to bring positive change to their communities. We are all about new ideas, innovation, and providing the tools to make these great ideas a reality.” NCSF is…

NCSF Mental Health Survey Please take the NCSF Mental Health Survey! We would like to know more about your BDSM practices, mental health and relational violence experiences: https://www.surveymonkey.com/s/FZ2XDMP NCSF is working with researchers at Sam Houston University’s Department of Psychology and Philosophy who will compare our responses to two other sample populations – one college-aged and the other LGBT. NCSF will use these results to help with our advocacy, benefiting both existing and developing programs. Specifically, the study’s results will assist in educating law enforcement, legal and psychological professionals about the practices and mental health of BDSM practitioners. The survey…

Military Court Accepts NCSF’s Amicus Brief in Support of Consensual Nonmonogamy April 24, 2014 – Washington, DC – The Navy and Marine Corps Court of Criminal Appeals has accepted NCSF’s amicus (“friend of the court”) brief advising the court that prosecutors are avoiding the Supreme Court decision, made in Lawrence v. Texas, that moral judgment is not a basis for criminalizing consensual sexual conduct, and that consensual sex should only be criminalized if that conduct is injurious or goes against a valid societal interest. In the appellate case, it was argued that the activities were “public” even though the sexual…

NCSF Appoints Members of the Ombuds Committee June 3, 2014 - NCSF is proud to announce these appointments to the Ombuds Committee: Desmond Ravenstone, James Huesmann and Bjorn Paulee. The Ombuds Committee handles complaints and concerns regarding the conduct of NCSF officers and staff, and the operations of NCSF institutions. The NCSF Ombuds Committee shall be established as an Advisory Committee, as per NCSF bylaws, to review Coalition administration and activities, assuring ethical and effective fulfillment of NCSF’s mission and goals. Board Member Fil Vocasek is the Board Liaison to the Ombuds Committee. NCSF thanks the three members…

NCSF Files Amicus Brief in Support of Consensual Nonmonogamy March 26, 2014 – Washington D.C. – NCSF has filed an amicus brief in a military case involving a marine who engaged in a consensual threesome and because of that was convicted of adultery, attempted consensual sodomy and indecent conduct, a "crime" based solely on undefined sexual conduct inconsistent with "common propriety." In its brief, NCSF points out that military law is out of sync with U.S. Constitutional law and societal mores, especially when it comes to consensual sexual behaviors. Dick Cunningham, NCSF's Legal Counsel who prepared and filed…